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MUHAMMAD TAHIR versus EMIRATES BANK INTERNATIONAL PJSC


Section 12 (2) Rules of the Sindh Chief Court (O Section), RR 140, 141, 142, 143, 144 and 145 Financial Institutions (Recovery of Finance) Ordinance (XLVI of 2001), Sections 9 and 12 Ex-Orders, Keeping the misrepresentation aside. False Address The alternative service rule inquiry by the High Court defendant sought to set aside the judgment and decree by the Banking Court that it was not implemented because the wrong address was mentioned in the Plaintiff and in the process. The relevant provisions for legal proceedings were also provided in the Sindh Chief Court Rules (OS) for convenience and wider public interest and if any were not acted upon according to the letter and spirit, any person would be entitled to the former. The court must ensure this before doing so. All reasonable and feasible efforts were made for effective service to the parties. Neither Belfast complied with the relevant provisions nor did any inquiry into the lack of additional registrar service of the High Corps and ordered alternative services. That the applicant's address was invalid throughout the proceedings and no attempt was made to provide his personal service at the correct address, and an injunction was obtained against the defendant on the false statement, which was clearly transferred to the plaintiff. Invalid address as well as a mention of the address provided by the claimant. Because plaintiff's address was incorrect and a lawsuit was ordered based on false address, defendant's service was never served, so the application was processed under section 12 (2) CPC. The basis for invalidating the previous judgment and injunction against the defendant was set aside and for the defendant to file a written statement.

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